Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 26 November 2015

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 143 to 229

 

Public Bill Committee


 

Housing and Planning Bill


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in accordance with the Order of the Committee [10 November 2015, as

 

amended on 19 November 2015.]

 


 

Gareth Thomas

 

89

 

Clause  56,  page  24,  line  8,  at end insert “except in respect of high value sheltered

 

housing which has been provided or adapted for the use of elderly or disabled people.”

 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

146

 

Parliamentary Star    

Clause  56,  page  24,  line  8,  at end insert “with the exclusion of—

 

(a)    

supported housing for older people,

 

(b)    

supported housing units (including self-contained homes where floating

 

support is provided for vulnerable people),

 

(c)    

key worker housing (which includes self-contained flats subject to

 

nomination agreements with 3rd parties),


 
 

Notices of Amendments: 26 November 2015                  

2

 

Housing and Planning Bill, continued

 
 

(d)    

units that form part of major regeneration schemes planned or already

 

under way,

 

(e)    

rural settlements,

 

(f)    

homes built for charitable purposes without Government grant and

 

homes provided through Section 106 agreements requiring stock to be

 

kept as social housing in perpetuity,

 

(g)    

cooperative housing,

 

(h)    

Almos, and

 

(i)    

almshouses.”

 

Member’s explanatory statement

 

This amendment would exclude certain categories of specialised housing from being subject to the

 

Right to Buy provisions of the bill.

 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

147

 

Parliamentary Star    

Clause  56,  page  24,  line  10,  at end insert “and must be of full market value

 

reimbursement for the discount on the sale of Right to Buy.”

 

Member’s explanatory statement

 

This amendment would ensure that the reimbursement received by a local authority having sold a

 

property at a discount under Right to Buy is of the full market value, to ensure the property could

 

be replaced on a like-for-like basis.

 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

148

 

Parliamentary Star    

Clause  56,  page  24,  line  10,  at end insert—

 

“(2A)    

The conditions at subsection (2) must include a condition that money equivalent

 

to the market value (disregarding any discount) of a dwelling sold under right to

 

buy and to which the grant applies is spent by the private registered provider on

 

the provision of affordable housing in the same county, including at least one new

 

home replacing that sold which is—

 

(a)    

of the same tenure,

 

(b)    

located in the same local authority area, and

 

(c)    

in accordance with assessed local housing need.”

 

Member’s explanatory statement

 

This amendment would require housing associations offering the Right to Buy to their tenants to

 

re-invest all the money received as a result of the sale in replacement local affordable housing,

 

including a guaranteed like-for-like home in the same area.


 
 

Notices of Amendments: 26 November 2015                  

3

 

Housing and Planning Bill, continued

 
 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

149

 

Parliamentary Star    

Clause  56,  page  24,  line  13,  at end insert—

 

“(4)    

Grants must not be payable on properties bought and turned into buy to let

 

dwellings within ten years”.

 

Member’s explanatory statement

 

This amendment would prevent property sold under Right to Buy from being converted into buy to

 

let dwellings for a period of ten years.

 


 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

150

 

Parliamentary Star    

Clause  57,  page  24,  line  18,  at end insert “and must be of full market value

 

reimbursement for the discount.”

 

Member’s explanatory statement

 

This amendment would ensure that the reimbursement received by a local authority having sold a

 

property at a discount under Right to Buy is of the full market value, to ensure the property could

 

be replaced on a like-for-like basis.

 

Sadiq Khan

 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

151

 

Parliamentary Star    

Clause  57,  page  24,  line  18,  at end insert—

 

“(3)    

The conditions at subsection (2) must include a condition that money equivalent

 

to the market value (disregarding any discount) of a dwelling sold under Right to

 

Buy and to which the grant applies is spent by the private registered provider on

 

the provision of affordable housing in London, including at least one new home

 

replacing that sold which is—

 

(a)    

of the same tenure,

 

(b)    

located in the same London borough, and

 

(c)    

in accordance with assessed local housing need.”

 

Member’s explanatory statement

 

This amendment would require housing associations offering the Right to Buy to their tenants in

 

London to re-invest all the money received as a result of the sale in replacement affordable housing

 

in London, including a guaranteed like-for-like home in the same borough.

 



 
 

Notices of Amendments: 26 November 2015                  

4

 

Housing and Planning Bill, continued

 
 

Gareth Thomas

 

188

 

Parliamentary Star    

Clause  58,  page  24,  line  22,   at end insert “which will include the use of local

 

occupancy clauses as defined by section 157 of the 1985 Housing Act”

 

Member’s explanatory statement

 

This amendment would ensure anyone subsequently buying a former housing association property

 

sold under the right to buy would have to have lived or worked in the housing authority area where

 

the property is located for three years or more prior to purchase.

 

Gareth Thomas

 

92

 

Clause  58,  page  24,  line  32,  at end insert—

 

“(7)    

The Regulator in monitoring compliance must report where a community led

 

housing provider as defined at Schedule [New Schedule 1: community-led

 

housing schemes] or a tenant management organisation as defined by [New

 

Clause: Tenant Management Organisations] has in breach of this Act used grants

 

made by the Secretary of State to facilitate or meet a discount in respect of a right

 

to buy discount.”

 

Gareth Thomas

 

187

 

Parliamentary Star    

Clause  58,  page  24,  line  32,   at end insert—

 

“(7)    

The Secretary of State and the Mayor of London must publish an annual report

 

and impact assessment setting out how many housing association properties have

 

been sold off and its impact on homelessness in Greater London.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State and Mayor of London to publish an annual

 

report and impact assessment setting out how many housing association properties have been sold

 

off and its impact on homelessness in Greater London.

 


 

Brandon Lewis

 

178

 

Parliamentary Star    

Clause  59,  page  25,  line  5,   after “Consent” insert “in respect of a disposal of land

 

in England”

 

Member’s explanatory statement

 

This amendment limits the amendment to section 133 of the Housing Act 1988 to disposals of land

 

in England.

 

Brandon Lewis

 

179

 

Parliamentary Star    

Clause  59,  page  25,  line  8,   after “Consent” insert “in respect of a disposal of land

 

in England”

 

Member’s explanatory statement

 

This amendment limits the amendment to section 174 of the Housing and Regeneration Act 2008

 

to disposals of land in England.


 
 

Notices of Amendments: 26 November 2015                  

5

 

Housing and Planning Bill, continued

 
 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

152

 

Parliamentary Star    

Clause  59,  page  25,  line  8,  at end insert—

 

“(3)    

Portability of the discount must only apply where practicable in terms of

 

availability of suitable properties for disposal and vacancy timescales.”

 

Member’s explanatory statement

 

This amendment would ensure that portability of the discount must be practicable and able to be

 

delivered in practice.

 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

153

 

Parliamentary Star    

Clause  59,  page  25,  line  8,  at end insert—

 

“( )    

Property offered under portability must be of—

 

(a)    

similar size,

 

(b)    

similar or improved quality,

 

(c)    

in an area agreed by the tenant, and

 

(d)    

subject to an appeal mechanism.”

 

Member’s explanatory statement

 

This amendment would protect the tenant against an unreasonable offer of portability.

 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

154

 

Parliamentary Star    

Clause  59,  page  25,  line  8,  at end insert—

 

“( )    

The discount should remain in perpetuity.”

 

Member’s explanatory statement

 

This amendment would ensure that homes sold under the Right to Buy remain as discounted

 

housing in perpetuity.

 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

155

 

Parliamentary Star    

Clause  59,  page  25,  line  8,  at end insert—

 

“( )    

A dwelling must not be sold under the Right to Buy without the Housing

 

Association having the ability to—

 

(a)    

verify the source of funding for purchase,

 

(b)    

establish who is occupying the property,

 

(c)    

check that the person/s seeking to purchase the property under Right to

 

Buy has no interest in another property,

 

(d)    

have sufficient time to carry out checks for fraudulent activity, and


 
 

Notices of Amendments: 26 November 2015                  

6

 

Housing and Planning Bill, continued

 
 

(e)    

be able to prepare reports on (a) – (d) for the Housing Association Board

 

of Trustees to consider.”

 

Member’s explanatory statement

 

This amendment would ensure that housing associations are able to carry out proper checks before

 

proceeding with the Right to Buy offer.

 


 

Gareth Thomas

 

186

 

Parliamentary Star    

Clause  62,  page  26,  line  7,   at end insert “except in respect of a local housing

 

authority within Greater London.

 

(1A)    

In respect of a local housing authority within Greater London the Mayor of

 

London after consultation with the London Assembly may make a determination

 

requiring the authority to make a payment to the Mayor in respect of a financial

 

year.”

 

Member’s explanatory statement

 

This clause would devolve to the Mayor of London after consultation with the Assembly, any

 

requirements by housing authorities in London to make payments relating to the sale of high value

 

Council housing.

 

Gareth Thomas

 

144

 

Parliamentary Star    

Clause  62,  page  26,  line  7,  at end insert—

 

“(1A)    

Before making a determination under subsection (1) requiring a local housing

 

authority within Greater London to make a payment, the Secretary of State must

 

obtain the consent of the Mayor of London and the London Assembly.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to obtain the consent of the Mayor of London

 

and the London Assembly before making a determination requiring a local housing authority in

 

London to make a payment to the Secretary of State in respect of vacant high value housing.

 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

156

 

Parliamentary Star    

Clause  62,  page  26,  line  7,  at end insert—

 

“(2A)    

Before making a determination under subsection (1) requiring a local housing

 

authority within Greater London to make a payment, the Secretary of State must

 

obtain the consent of the Mayor of London and the London Assembly.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to obtain the consent of the Mayor of London

 

and the London Assembly before making a determination requiring a local housing authority in

 

London to make a payment to the Secretary of State in respect of vacant high value housing.


 
 

Notices of Amendments: 26 November 2015                  

7

 

Housing and Planning Bill, continued

 
 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

157

 

Parliamentary Star    

Clause  62,  page  26,  line  11,  at end insert—

 

“(2A)    

The total payment required from all affected local authorities in any financial year

 

shall not exceed the total grant paid in that year to private registered providers in

 

respect of right to buy discounts.”

 

Member’s explanatory statement

 

This amendment would avoid powers being used as a general means of taxing councils and tenants

 

for the benefit of the Exchequer.

 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

158

 

Parliamentary Star    

Clause  62,  page  26,  line  11,  at end insert—

 

“(2B)    

The costs and deductions referred to in section 62(2)(b) must include an estimate

 

of the cost of replacing each high value dwelling sold with a dwelling with the

 

same number of bedrooms in the same local authority area.”

 

Member’s explanatory statement

 

This amendment would allow for one-for-one local replacement.

 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

159

 

Parliamentary Star    

Clause  62,  page  26,  line  25,  at end insert—

 

“( )    

Regulations under subsection (8) may not define a dwelling as “high value” if its

 

sale value is less than the cost of rebuilding it and providing a replacement

 

dwelling with the same number of bedrooms in the same local authority area.”

 

Member’s explanatory statement

 

This amendment would prevent dwellings being defined as “high value” if the cost of its

 

replacement on a like-for-like basis in the same local authority area exceeds the receipt of sale.

 

Dr Roberta Blackman-Woods

 

John Healey

 

Teresa Pearce

 

Matthew Pennycook

 

160

 

Parliamentary Star    

Clause  62,  page  26,  line  25,  at end insert—

 

“( )    

The definition of “high value” must be based on the housing market within the

 

local authority.”

 

Helen Hayes

 

189

 

Parliamentary Star    

Clause  62,  page  26,  line  25,  at end insert—

 

“(10)    

Existing Tenant Management Organisations (as defined by The Housing (Right

 

to Manage) Regulations 1994), that also fulfil the definition of a community-led

 

organisation as defined at Schedule ([New Schedule 1: community-led housing


 
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Revised 27 November 2015